Bloomberg sues City Council to overturn law targeting stop-and-frisk profiling

Mayor Michael Bloomberg filed a lawsuit against City Council to overturn law targeting stop-and-frisk profiling. (David Handschuh/New York Daily News)

Mayor Bloomberg filed a lawsuit against City Council to overturn a law passed last month that would make it easier for people to sue after being targeted by the NYPD's controversial stop-and-frisk program.

In papers filed Tuesday in Manhattan Supreme Court, the mayor's Law Department says the law, passed over the mayor's veto last month, "exceeds the bounds of permissible legislation by the Council."

Advertisement

The law allows plaintiffs to sue for profiling in state court for injunctive relief only - which means a winning plaintiff could ask the court to mandate that the NYPD change its tactics, but could not ask for money. The law also expands the definition of profiling beyond race to include categories such as age, gender, sexual orientation and housing status.

Bloomberg's lawsuit says the state already puts "limits and obligations" on cops, and only the state legislature can change the criminal procedure law.

City Council's profiling law, which Speaker Christine Quinn opposed, was one of two measures aimed at curtailing stop-and-frisk passed 10 days ago over the mayor's veto.

The second law, which created an inspector general, is not targeted in Bloomberg's lawsuit.

When the law was passed, Bloomberg vowed to sue, saying "minority communities across our city" would suffer because there would be a rise in crime.

"The City Council adopted legislation that will make it harder for our police officers to protect New Yorkers and continue to drive down crime," he said.

Although she opposed the profiling bill, Quinn supported the Council's right to pass such a measure and attacked the mayor's lawsuit.

"Mayor Bloomberg can sue all he wants, but at the end of the day, we will successfully beat back this ill-advised litigation and ensure the prerogative of the City Council to reform stop-and-frisk," she said in a statement.

Corporation Counsel Michael Cardozo defended the lawsuit, saying it's needed to "prevent the City Council from enacting laws where the state's exclusive authority has been established."

"There's an important principle at stake here. Local legislative bodies should not be passing laws affecting the regulation of law enforcement activity in this way. This is a matter governed by the State Legislature," he said in a statement.

Democratic mayoral frontrunner Bill de Blasio said if he's elected mayor, "I will withdraw this lawsuit and finally bring this stop and frisk era to an end."